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Chulin 23
CHULIN 23-24 - have been sponsored through the generous contribution of
Reb Uri Wolfson and family. May he continue to watch his children grow in
Torah and Yir'as Shamayim, following in the footsteps of their illustrious
parents and grandparents, shlit'a.
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1) [line 1] NIRBA - an animal that had relations with a human (HA'ROVE'A /
HA'NIRBA)
(a) A Rove'a and a Nirba are animals that had relations with a human, as
forbidden in Vayikra 20:15-16. These animals are put to death so that they
should not cause other people to sin in a similar manner, and in order not
to cause disgrace to the sinner by reminding all who see these animals of
the sin that was done with them (Sanhedrin 54a).
(b) In the instance of a Rove'a and a Nirba, only if two witnesses saw the
act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness
saw it, or if there were no witnesses but the owner told Beis Din of the
incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be
brought as a Korban.
2) [line 1] NE'EVAD - [an object that becomes prohibited for use by being]
worshipped (MESHAMSHEI AVODAH ZARAH)
(a) An object that is worshipped as Avodah Zarah, e.g. an idol, becomes Asur
b'Hana'ah -- it is forbidden to derive any benefit from it. One who benefits
from such an object receives Malkus two times, once for the prohibition in
Devarim 7:26 and once for the prohibition in Devarim 13:18. Similarly, an
object that was used in the service of Avodah Zarah ("Meshamshei Avodah
Zarah") is also Asur b'Hana'ah, as the verse states in Devarim 12:2 (Avodah
Zarah 51b), and an object that was offered to an Avodah Zarah is Asur
b'Hana'ah, as the verse states in Tehilim 106:28 (Avodah Zarah 50a). Objects
of Avodah Zarah themselves and the utensils that are used in their service
must be destroyed, as it states in Devarim 7:5 and 12:2. Money paid in
exchange for an item of Avodah Zarah becomes forbidden (Asur b'Hana'ah) like
the Avodah Zarah itself.
(b) The Tana'im argue whether an Avodah Zarah becomes Asur b'Hana'ah
immediately when the object is set up as an idol, or only after it has been
worshipped (Avodah Zarah 51b). An object used in the service of Avodah Zarah
becomes Asur b'Hana'ah only when it is used to serve the Avodah Zarah. In
addition, an object used to beautify the Avodah Zarah ("Noy Avodah Zarah")
becomes Asur b'Hana'ah, as the verse states, "Lo Sachmod Kesef v'Zahav..."
(Devarim 7:25; Avodah Zarah 51b).
(c) There are certain types of objects that do not become prohibited when
they are worshipped or used in the service of Avodah Zarah:
1. Animals do not become prohibited (Avodah Zarah 46a).
2. An object that is attached ("Mechubar") to the ground and that was always
attached and was never manipulated by human hands does not become prohibited
(Avodah Zarah 45a).
(i) The Tana'im argue whether or not a tree that was planted by a person and
that did not grow by itself becomes prohibited when worshipped or not.
Everyone agrees, however, that a tree that was initially planted in order to
be worshipped as an Avodah Zarah becomes prohibited (Avodah Zarah 45b). Some
maintain that the part of the tree that grows after it was worshipped
becomes Asur b'Hana'ah according to all opinions (Avodah Zarah 48a).
(ii) Any object that does not grow from the ground but that was attached to
the ground by a person's action, such as a house, becomes Asur b'Hana'ah
when worshipped according to all opinions. According to Rashi (to Avodah
Zarah 46a), even a tree that already grew and was uprooted and replanted in
another place becomes Asur b'Hana'ah when worshipped (see Tosfos to Avodah
Zarah 45b and Insights to Avodah Zarah 46a).
3. When an object belonging to one person is worshipped as an idol by
another person (without the owner's permission), the object does not become
Asur b'Hana'ah.
(d) Even though animals, and objects that are attached to the ground, do not
become Asur b'Hana'ah (as mentioned above), nevertheless they become
invalidated from being used for holy purposes, such as bringing such an
animal as a Korban, or building a Mizbe'ach out of stones that were
worshipped. Even though they are not Asur b'Hana'ah, they are considered
abhorrent to be used for a holy purpose (Avodah Zarah 46b-47a). The Gemara
(ibid.) is in doubt whether or not such objects may be used for other forms
of Mitzvos, such as performing the Mitzvah of Lulav with the branch of a
tree that was worshipped. Most Rishonim (see RITVA to Avodah Zarah 54a)
maintain that an object that was worshipped by someone who does not own the
object does *not* become prohibited even for holy purposes, such as being
offered as a Korban, as the Gemara in Chulin (Daf 40a) mentions. The RAMBAM,
however, maintains that such an object does become prohibited for holy
purposes (Hilchos Isurei Mizbe'ach 4:6).
(e) Similarly, even though animals, objects that are attached to the ground,
and an object that does not belong to the one worshipping it do not become
Asur b'Hana'ah when worshipped as Avodah Zarah, nevertheless they *do*
become Asur b'Hana'ah when they are worshipped with a physical action.
Therefore, if one pours a wine libation on an animal that does not belong to
him, or if one began to slaughter an animal to an idol, the animal becomes
Asur b'Hana'ah even for ordinary uses.
(f) Under certain circumstances, an object that became Asur b'Hana'ah by
being worshipped as an idol can become permitted through "Bitul" (see
Background to Avodah Zarah 52:6).
3) [line 2] "KI MASHCHASAM BAHEM MUM BAM" - "because they have in them their
flaw; there is a blemish in them" (Vayikra 22:25)
4) [line 5] "KI HISHCHIS KOL BASAR ES DARKO AL HA'ARETZ" - "for all flesh
has corrupted its way on the earth" (Bereishis 6:12)
5) [line 7] "PEN TASHCHISUN VA'ASISEM LACHEM PESEL" - "Lest you become
corrupt and make for yourselves a graven image..." (Devarim 4:16) - This
verse connects the concept of Hashchasah with Avodah Zarah.
6) [line 11] TAMUS V'ZACHRUS BI'VEHEMAH, V'EIN TAMUS V'ZACHRUS B'OFOS
(a) In order for an animal to be brought as a Korban Olah, it must meet the
requirements of the Torah (Vayikra 22:18-19) with regard to being
unblemished (Tamus) and male (Zachrus). Similarly, a Korban Chatas must be
unblemished and female.
(b) When a bird is offered for these Korbanos, though, it does not require
those specifications. A bird-offering may be male or female, and it is only
invalidated by a missing limb and not by a blemish. (This limitation is
learned from the verse "Hakrivehu Na l'Fechasecha ha'Yirtzecha O ha'Yisa
Fanecha..." - "[And if you offer a blind animal as a sacrifice, is this not
evil? And if you offer a lame or a sick animal, is this not evil?] Try to
offer it to your governor, will he be pleased with you, or will he find
favor in you?..." (Malachi 1:8) -- RASHI.)
7a) [line 15] AYIL - a ram, which is identified as a sheep that is older
than thirteen months
b) [line 16] KEVES - a sheep within its first year
c) [line 16] PALGAS - a sheep in its thirteenth month
8) [line 17] BERYAH HEVEI - it is an independent entity (not a sheep and not
a ram, and therefore a specific verse is needed to obligate Palgas in the
Nesachim of an Ayil)
9) [line 18] HIKRIVO - if a person offered it (a Palgas) [as a Korban]
10) [line 18] MEVI ALAV NISCHEI AYIL - he brings with it the Nesachim of an
Ayil (NISCHEI AYIL / NISCHEI KEVES)
(a) The Minchas Nesachim of a ram consists of two Esronim of fine flour
mixed with four Lugin of olive oil, and four Lugin of wine. The Minchas
Nesachim of a sheep consists of one Isaron of fine flour mixed in three
Lugin of olive oil, and three Lugin of wine.
(b) The Mishnah (Parah 1:3) states that a person who offers a Palgas must
bring with it the Nesachim of an Ayil. The Amora'im (brought by our Gemara)
argue as to the reason for this requirement.
11) [line 18] EIN OLEH LO MI'ZIVCHO - he does not fulfill his obligation to
bring a sacrifice [had he been obligated to bring either an Ayil or a Keves]
12) [line 19] "[KACHAH YE'ASEH LA'SHOR HA'ECHAD] O LA'AYIL [HA'ECHAD O
LA'SEH VA'KEVASIM O VA'IZIM.]" - "[Thus shall he do for each bull] or for
each ram [or for each sheep or each goat.]" (Bamidbar 15:11) - This verse
contains many concepts that have been mentioned in previous verses; the
Gemara (Menachos 91b) lists various Halachos that are extracted from this
verse.
23b---------------------------------------23b
13) [line 1] MAISI U'MASNI - he brings [the Nesachim of a ram] and
stipulates [that since the Halachah of a Palgas is in doubt, should it
require the Nesachim of a ram, these are they; should it only require the
Nesachim of a sheep, its Nesachim is the amount that is required for a
sheep; the rest is voluntary Nesachim]
14) [line 5] LACHMEI TODAH (KORBAN TODAH: 4 MINEI LECHEM)
(a) The Todah (thanksgiving offering) is a form of Shelamim that is eaten
for only one day and one night (Vayikra 7:15). Korbenos Shelamim that are
offered by an individual may be brought from male or female sheep, cows or
goats. They are Kodshim Kalim, and may therefore be slaughtered in the
entire Azarah (and not only in its northern part). Before its slaughter, the
owner presses his hands on the head of the animal (Semichah). The blood of
the Todah is cast on the northeastern and southwestern corners of the
Mizbe'ach ("Shenayim she'Hen Arba"). Nesachim (a flour offering consisting
of flour and oil and a wine libation) are brought as part of the Korban
(Bamidbar 15:3-12). The flour offering is completely burned on the Mizbe'ach
and the wine is poured into one of the Sefalim (the silver libation pipes
located at the top of the southwest corner of the Mizbe'ach) (RAMBAM and
RA'AVAD Hilchos Ma'aseh ha'Korbanos 2:1). The amount of flour, oil and wine
needed depends upon the animal offered, as specified in Bamidbar (ibid.).
(b) An animal that was sacrificed as a Todah was brought together with forty
loaves of bread, ten each of the following:
- Chalos Matzos - Matzos mixed with oil;
- Rekikin - flat Matzos saturated with oil;
- Soles Murbeches - Matzos made of boiled flour mixed with oil;
- Loaves of leavened bread. (Vayikra 7:12-13)
(c) One loaf of each type of bread was given to the Kohen who performed the
Zerikas ha'Dam of the Todah (Vayikra 7:14). (These four loaves were known as
*Terumas Lachmei Todah*.) The Chazeh (breast) and Shok (thigh) of the
Shelamim were given to the Kohen (Vayikra 7:34). Certain fats and other
parts of the Korban were offered on the Mizbe'ach (Vayikra 3:3-4, 9-10,
14-15). The owner and his guests (men or women) eat the rest of the Korban
inside the borders of the city of Yerushalayim. The meat may be cooked in
any fashion and is eaten on the day that it is slaughtered and the following
night.
15) [line 6] SI'UR - the beginning of the leavening process
(a) As dough becomes Chametz it goes through a number of stages. 1. First it
becomes pale like the appearance of a man whose hair stands on end out of
fright. 2. It then starts to form thin cracks on its surface, which look
like locusts' antennae (Karnei Chagavim). 3. Next the cracks begin to
multiply and run into each other.
(b) The Tana'im argue as to which stage is called "Si'ur," the stage that
necessitates that the dough be burned, and that makes the dough Asur
b'Hana'ah. The Gemara (Menachos 53a) cites their argument (see (c), below).
They argue similarly as to which stage is considered "Siduk," (lit. cracks
[in the dough]) the completion of the leavening process, where the dough is
not only Asur b'Hana'ah but the person who eats it is punished with Kares.
(Si'ur is considered inedible ("Chametz Nuksheh"), since the dough has not
completed its fermentation, and therefore one who eats it is not punished
with Kares.)
(c) Rebbi Meir calls stage 1. (above, (a))"Si'ur" and maintains that it is
already leavened but since at this point it is not fit to be eaten, one
receives Malkus for eating it, instead of Kares. He calls stage 2. "Siduk,"
which *is* punishable by Kares. Rebbi Yehudah maintains that stage 1. is
still Matzah mid'Oraisa, and is prohibited only mid'Rabanan. He calls stage
2. "Si'ur" and maintains that it must be destroyed before Pesach but a
person who eats it is exempt from Kares or Malkus. Stage 3., however, is
termed "Siduk," which is punishable by Kares.
16) [line 6] SI'UR D'MAN - (lit. the Si'ur of which [Tana]?) to which stage
of Si'ur are we referring?
17a) [line 6] SI'UR D'REBBI MEIR L'REBBI YEHUDAH - the Si'ur of Rebbi Meir
(stage 1, when it becomes pale; see above, entry #15:a) according to the
ruling of Rebbi Yehudah
b) [line 7] MATZA MA'ALYESA HI - it is genuine Matzah!
18) [line 7] D'REBBI YEHUDAH L'REBBI MEIR - the Si'ur of Rebbi Yehudah
(stage 2, when it develops thin cracks on its surface, which look like
locusts' antennae; see above, entry #15:a) according to the ruling of Rebbi
Meir
19a) [line 8] D'REBBI MEIR L'REBBI MEIR - the Si'ur of Rebbi Meir (stage 1,
when it becomes pale; see above, entry #15:a) according to the ruling of
Rebbi Meir
b) [line 9] MID'LAKI ALEI, CHAEMTZ HU - since a person who eats it
receives Malkus, it must be Chametz
20) [line 21] PARAH (PARAH ADUMAH)
(a) The Parah Adumah, an exclusively red-haired cow, is burned on Har
ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei
Mes. Only a cow that has not had a yoke placed upon it and has had no other
work done with it is fit to be used as a Parah Adumah. A place is prepared
for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the
courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is
sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar
branch, some Ezov branches and a piece of crimson wool, are thrown into the
carcass of the cow while it is burning (Bamidbar 19:1-22).
(b) If a person (or utensil) became Tamei through touching Tum'as Mes or
being in the same room as a corpse or something that is Metamei b'Ohel, he
must wait seven days to become Tahor. On the third and seventh days he must
have spring water mixed with the ashes of the Parah Adumah (Mei Chatas)
sprinkled on him. A person who is Tahor dips three Ezov branches that have
been bound together into the mixture, and sprinkles them on the person who
is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is
sprinkled on him in order to complete his Taharah (Bamidbar 19:17-19).
21) [line 21] EGLAH (EGLAH ARUFAH)
(a) If a Jew is found murdered in a field (in Eretz Yisrael) and it is not
known who the murderer is, the Torah requires that an Eglah Arufah be
brought in order to atone for the blood that was spilled (Devarim 21:1). The
procedure is as follows:
(b) Five elders (according to the opinion of Rebbi Yehudah, which is the
Halachah) of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court)
measure the distance between the dead body and the cities around it to
determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female
calf that has never been worked (see Background to Bava Metzia 30:12:b) to a
Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a
valley with tough soil - RASHI). They strike it on the back of its neck
(Arifah) with a cleaver, severing its spinal column, gullet and windpipe.
This calf is the "Eglah Arufah" and becomes Asur b'Hana'ah.
(d) The elders of the closest city then wash their hands there and say, "Our
hands have not spilled this blood, and our eyes did not see [the murder]"
(Devarim 21:7). This includes a proclamation that the dead man was not sent
away from the city without the proper food for his journey or the proper
accompaniment. The Kohanim that are present say, "Atone for Your people
Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for]
innocent blood in the midst of Your people, Yisrael" (ibid. 21:8). After
this procedure, HaSh-m will grant atonement for the innocent blood that was
spilled (RAMBAM Hilchos Rotze'ach 9:3).
(e) The calf that is used as the Eglah Arufah must be fully healthy and
cannot be a Tereifah, as the Gemara derives from the verse (Devarim 21:6;
see TOSFOS DH ha'Arufah). (See next entry.)
22) [line 23] ARIFAH - striking on the back of its neck with a cleaver,
severing the spinal column, gullet and windpipe
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